Watson v. Jones
| Citation | 980 F.2d 1165 |
| Decision Date | 01 December 1992 |
| Docket Number | No. 92-2034,92-2034 |
| Parties | Joseph WATSON; Bill Harris, Appellants, v. Marie JONES, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Page 1165
v.
Marie JONES, Appellee.
Eighth Circuit.
Decided Dec. 1, 1992.
Joseph Watson and Bill Harris, pro se.
Robert J. Krehbiel and Donna S. Morrison, St. Louis, Mo., argued, for appellee.
Before JOHN R. GIBSON, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
BEAM, Circuit Judge.
Joseph Watson and Bill Harris, Missouri inmates, appeal the district court's grant of summary judgment to defendant Jones in their 42 U.S.C. § 1983 case. We reverse and remand.
In a verified complaint, Watson and Harris alleged that Jones, a female corrections officer, performed almost daily routine pat-down searches for the two months preceding November 2, 1990, that consisted of tickling and "a deliberate examination of the genital, anus, lower stomach and thigh areas." They alleged that, when they informed Jones that they wished to be
Page 1166
searched by male guards, Jones retaliated by citing them for false disciplinary violations. They further alleged that, when they refused to be searched by Jones, they were placed in the "hole." They attached to their complaint conduct violation reports: Harris's indicates that he stated to the interviewing officer that he refused the pat-down search and had made complaints about Jones "being sexually harassing."Jones moved for summary judgment. In an affidavit in support, Jones attested that, during the two-month period in question she patted down plaintiffs only six to seven times; she pats down inmates in accordance with procedure; she never pats an inmate in the crotch area unless she "know[s] something is there"; she never touches an inmate's genital, anal, or upper thigh area; and she has touched an inmate's lower stomach with the back of her hands in accordance with procedure. Plaintiffs' response essentially reiterated the allegations in their complaint, adding that Jones's searches included "prolonged rubbing and fondling of the genitals and anus area"; her searches violated their Fourth Amendment rights; and they did not refuse pat-down searches by Jones because of her gender, but because of her "ongoing sexual advances toward them."
The district court granted Jones's motion for summary judgment, finding that the inmates had made only broad, conclusory allegations of sexual harassment, while Jones, in her affidavit, swore that she had not conducted any improper pat searches.
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